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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 10, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tern 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 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD September 10, 2002 - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS A. RECONVENE AT 7:01) 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 Presentation of Donation of $150,000 from the Friends of the Library. Presentation by Edison for Energy Savings Project. Proclamation declaring September 11, 2002 as a "Day of Remembrance ". G. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it iu 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 — 14) 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 oil 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 27, 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. ORDINANCES FOR INTRODUCTION 3. AMENDMENTS TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH HARBOR REGULATIONS, ADMINISTRATION AND CONSTRUCTION IN NEWPORT HARBOR. Introduce Ordinance No. 2002 - amending Title 17 of the NBMC and pass to second reading on September 24, 2002. CONTRACTS AND AGREEMENTS 4. CONSTRUCTION SUPPORT SERVICES WITH PRO SOURCE, INC. - APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT. Approve Amendment No. 2 to the Professional Services Agreement for construction services with Pro Source, Inc. in the amount of $27,000. 5. CORONA DEL MAR STATE BEACH IMPROVEMENTS (C -3461) — PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES. Approve a Professional Services Agreement with Robbins Jorgensen Christopher Architects (RJCA) in the amount of $111,670 and authorize the Mayor and the City Clerk to execute the Agreement. 6. OCEAN PIERS REHABILITATION (C -3312) — 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 1 year after Council acceptance. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. JAMBOREE ROAD RECLASSIFICATION STUDY — PROFESSIONAL SERVICES AGREEMENT WITH AUSTIN -FOUST ASSOCIATES. 1) Approve a Professional Services Agreement with Austin -Foust Associates (AFA) in the amount of $32,500 and authorize the Mayor and the City Clerk to execute the agreement; and 2) approve a budget amendment (BA -011) appropriating $2,500 to Account No. 7014- C5200701 from the unappropriated General Fund balance. 8. AWARD OF LANDSCAPE MAINTENANCE CONTRACT AGREEMENT FOR NEWPORT COAST PUBLIC AREAS. Approve the agreement with Park Landscape Maintenance, Inc. to provide landscape maintenance of City medians and roadside areas in the Newport Coast area effective October 1, 2002 at an annual cost of $78,237. MISCELLANEOUS ACTIONS 9. REQUEST FOR BUDGET AMENDMENT. Approve a City Council Budget Amendment (BA -006) appropriating $15,861.40 from unappropriated General Fund reserves to provide for overtime and night differential expenses incurred by Library and Recreation employees. 10. BUDGET AMENDMENT TO EXPAND THE DEPARTMENT'S EFFORTS IN INSPECTING FUEL MODIFICATION AREAS IN NEWPORT COAST. Authorize a budget amendment (BA -008) transferring $40,000 from General Fund revenues to account 01- 2330 -8080, to fund the expanded efforts of the Fire Department to survey fuel modification areas in Newport Coast. 11. WATER QUALITY EDUCATION. 1) Authorize City staff, under the direction of the Coastal/Bay Water Quality Committee, to develop and implement three water quality education efforts as follows: a) a public awareness campaign directing people to a web site; b) a water quality video; and c) the 3rd year of the partnership for Clean Water (5th grade education program); and 2) approve a budget amendment (BA -009) in the amount of $25,000 to fund the three efforts, as needed. 12. BUDGET AMENDMENT TO INCREASE REVENUE ESTIMATES AND EXPENDITURE APPROPRIATIONS DUE TO THE RECEIPT OF A GIFT FROM THE NEWPORT BEACH FRIENDS OF THE LIBRARY. Approve BA -010 in the amount of $150,000. 13. REVISIONS TO SECTION H OF THE CITY OF NEWPORT COUNCIL POLICY MANUAL. Approve revisions to Policies H -1 (Harbor Permit Policy) and H -4 ( Dory Fishermen's Fleet). 14. WORKERS COMPENSATION (WC) EXCESS INSURANCE RENEWAL. Approve the renewal of the excess workers compensation insurance coverage with a self- insured retention (SIR) of $500,000 with the options in coverage limits and premiums outlined in the staff report for FY 2002/03. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J Lq L. M. 10 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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report —Ad Hoc General Plan Update Committee (GPUC) Status report — Local Coastal Program Certification Committee PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR SEPTEMBER 5, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. PUBLIC HEARINGS 16. ADOPTION OF THE 2002 NEWPORT BEACH FIRE CODES. Action: 1) Conduct public hearing; 2) Introduce Ordinance No. 2002 -_ to adopt the 2001 California Fire Code (Title 24, Part 9), with amendments, as part of the Newport Beach Municipal Code; and pass to second reading on September 24, 2002. 17. ADOPTION OF THE 2002 NEWPORT BEACH BUILDING CODES. Action: 1) Conduct public hearing; 2) Introduce Ordinance No. 2002 - to adopt the 2001 California Building Code; and pass to second reading on September 24, 2002. 18. TEMPORARY REAL ESTATE SIGNS — A REQUEST TO AMEND ZONING CODE CHAPTER 20.67 — SIGNS, TO ALLOW THE ADDITION OF A SINGLE "RIDER" SIGN AND A SINGLE "BROCHURE BOX" PER PROPERTY IN CONJUNCTION WITH AN AUTHORIZED TEMPORARY REAL ESTATE SIGN [CODE AMENDMENT NO. 2002 -004 (PA2002- 128)]. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 0 Action: 1) Conduct public hearing; 2) Sustain the action of the Planning Commission and deny the amendment; OR 3) Overrule the denial of the amendment by the Planning Commission; and 4) Introduce Ordinance No. 2002 -_ amending Chapter 20.67 related to temporary real estate signs and pass to second reading on September 24, 2002. 19. GENERAL PLAN AMENDMENT NO. 2002 -002, LOCAL COASTAL PLAN AMENDMENT NO. 2002 -001, AND CODE AMENDMENT NO. 2002 -002 (PA2001 -186) - 205 ORANGE STREET - REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RETAIL & COMMERCIAL TO TWO- FAMILY RESIDENTIAL, CHANGE THE LOCAL COASTAL PLAN DESIGNATION FROM RETAIL & SERVICE COMMERCIAL TO TWO- FAMILY RESIDENTIAL, AND CHANGE THE ZONING DESIGNATION WITHIN THE NEWPORT SHORES SPECIFIC PLAN FROM COMMERCIAL TO RESIDENTIAL, IN ORDER TO REPLACE AN EXISTING SINGLE - FAMILY DWELLING WITH A DUPLEY, Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2002 -_ approving General Plan Amendment 2002 -002 and Local Coastal Plan Amendment 2002.001; and 3) Introduce Ordinance No. 2002 -_, which would grant approval to Code Amendment 2002 -002. 20. CODE AMENDMENT NO. 2002 -001 (PA2002 -098) - 3513 FINLEY AVENUE - REQUEST TO CHANGE THE FRONT YARD SETBACK OF 3513 FINLEY AVENUE FACING THE RIVO ALTO CHANNEL ESTABLISHED ON DISTRICT MAP NO. 3 FROM 40 FEET TO 20 FEET. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2002 -_ and pass to second reading on September 24, 2002. 21. UNSCHEDULED VACANCY ON THE PARKS, BEACHES & RECREATION COMMISSION AND THE PLANNING COMMISSION. Action: 1) Appoint one of the two nominees (William Garrett or Christopher Sarris) to fill the vacancy on the Parks, Beaches & Recreation Commission with a term ending 6/30/07; and 2) Appoint one of the two nominees (Jeff Cole or Michael Toerge) to fill the vacancy on the Planning Commission with a term ending 6/30/05. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. P. CURRENT BUSINESS 22. JULY 4TH WEST NEWPORT BEACH SAFETY PLANNING COMMITTEE. Action: Approve the formation of the "July 4th West Newport Safety Planning Committee" and determine the appropriate makeup of the Committee through the adoption of Resolution No. 2002 - and make the City Council appointments. 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 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA - REGULAR MEETING SEPTEMBER 10, 2002 CONSENT CALENDAR S23. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION. 1) Accept the resignation of Pamela Nestande from the City Arts Commission effective September 10, 2002 (term expires June 30, 2005) and declare the position vacant; and 2) direct the City Clerk to include the filling of this vacancy with the recruitment process currently in progress to fill the seat recently vacated by Jeff Gould.