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Home My WebLink About0 - AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, June 28, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tent 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 28, 1999 - 4:00 p.m. [Refer to separate agenda] CLOSED SESSION [Refer to separate agenda from City Attorney] (If applicable) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Reverend Dr. Dennis Short, Harbor Christian Church of Newport Beach. Proclamation recognizing the Newport Harbor American Legion Post 291 for the Arches Bridge Flag donation. 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 (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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 23) 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 JUNE 14, 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. 1999 WEED ABATEMENT PROGRAM. Adopt Resolution No. 99 declaring that weeds and other nuisances exist and schedule a public hearing for August 9, 1999, regarding their abatement. CONTRACTS AND AGREEMENTS 4. PROGRAM SUPPLEMENTAL AGREEMENT WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS. a) Approve Program Supplement No. M005 with the State of California for the construction of San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, with federal authorization number STPLMA 5151 (008); b) approve Program Supplement No. M006 with the State of California for the construction of San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, with federal authorization number STPLMA 5151 (009); c) approve Program Supplement No. M007 with the State of California for the construction of Irvine Avenue from Santiago Drive to Tustin Avenue, with federal authorization number STPLMA 5151 (011); d) approve Program Supplement No. M008 with the State of California for the construction of Jamboree Road from East Coast Highway to San Joaquin Hills Road, with federal authorization number STPLMA 5151 (010); and e) adopt Resolution No. 99- authorizing staff to enter into Program Supplements with the State of California. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 5. GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING (C -3283) - AWARD OF CONTRACT. a) Approve the plans and specifications; b) award C -3283 to Electro Construction Corp. of Los Angeles for the total bid price of $199,200 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $19,800 to cover the cost of materials testing and unforeseen work. 6. NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS, ORANGE COUNTY SANITATION DISTRICT REIMBURSEMENT AGREEMENT NO. 3 AND AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENT (C- 2886). a) Approve Amendment No. 3 to Cooperation and Reimbursement Agreement with Orange County Sanitation Districts; b) approve Amendment No. 3 to Professional Services Agreement with MK Centennial for construction management; c) approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, P.E., for project management; d) approve Amendment No. 2 to Professional Services Agreement with Moffatt & Nichol Engineers for civil engineering support; and e) approve a budget amendment (BA -080) appropriating $257,648 to the Contribution Fund Account No. 7251- C5100199 and appropriating $964,292 from the Circulation and Transportation Fund to Account No. 7261- C5100199. 7. UNDERGROUNDING OF UTILITIES IN THE ALLEY BOUNDED BY EDGEWATER PLACE, CYPRESS STREET, EAST BAY AVENUE AND ADAMS STREET IN BALBOA (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 88). Authorize a budget amendment (BA -081) to appropriate $46,350 in the Assessment District Capital Project fund to proposed Assessment District No. 88, Account No. 7401- C5200495; and authorize the City Manager to execute a Professional Services Agreement with Harris & Associates in an amount not to exceed $21,450 for assessment engineering services. 8. JAMBOREE ROAD REHABILITATION, EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD - STPLMA 5151 (010) - AWARD OF CONTRACT (C- 3242(A)). a) Approve the plans and specifications for Jamboree Road Rehabilitation, East Coast Highway to San Joaquin Hills Road (Federal Authorization No. STPLMA 5151 (010)); b) award C- 3242(A) to R.J. Noble Company for the total bid price of $424,537.50 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $42,000 to cover the cost of material testing and unforeseen work; d) authorize a budget amendment (BA -082) to appropriate $151,609 of Federal Highway AHRP Funds STPLMA 5151 (010) into a newly established Account No. 7285- C5100480; and e) authorize a budget amendment (BA -082) to increase revenue estimates by $151,609 to Account No. 285 -4880. 9. IRVINE AVENUE STREET RECONSTRUCTION (C -3204) - AWARD OF CONTRACT. a) Approve the plans and specifications for Irvine Avenue Street Reconstruction from Santiago Drive to Tustin Avenue with federal authorization number STPLMA 5151 (011); b) award C -3204 to All American Asphalt of Corona for the total bid price of $264,669 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $26,000 to cover the cost of material testing and unforeseen work; d) authorize a budget amendment (BA -083) to appropriate $82,087 of Federal Highway AHRP Funds STPLMA 5151 (011) into a newly established Account No. 7285- C5100392; e) authorize a budget amendment (BA -083) to increase revenue estimates by $82,087 to Account No. 285 -4880; and f) authorize a budget amendment (BA -083) to transfer $71,582 from Account No. 7281 - 05100465 (Polaris Drive Pavement Overlay) to Account No. 7281- C5100392 (Irvine Avenue Rehabilitation). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 10. CENTRAL BALBOA WATER, SEWER & ALLEY IMPROVEMENTS AND WEST NEWPORT BEACH SEWER MAIN REPLACEMENT, PHASE II (C -3278) — AWARD OF CONTRACT. a) Approve the plans and specifications; b) award C -3278 to GCI Construction, Inc. for the total bid price of $495,803.90 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $40,000 to cover the cost of unforeseen work; and d) approve a budget amendment (BA -084) transferring unused Wastewater Capital Funds of $130,303.72 from the Jamboree Road Sewer Pump Station Abandonment Account No. 7532- C5600461 to the Sewer Main Replacement Account No. 7531- C5600292. 11. MACARTHUR BOULEVARD WIDENING SEGMENT 2 (C -2825) — COMPLETION AND ACCEPTANCE. a) Accept the work and approve as -built plans and specifications; b) authorize the City Clerk to file a Notice of Completion; c) 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; d) approve Amendment No. 2 to agreement with Gail P. Pickart, P.E. for project management services; and e) approve a budget amendment (BA -085) appropriating $243,962.18 from the Circulation and Transportation Fund to Account No. 7261- C5100066 and increasing revenue to the Contributions Fund Account No. 7251- C5100066 from $600,000 to $633,777.61. 12. NEWPORT HEIGHTS' STREET LIGHTING (C -3258) — AWARD OF CONTRACT. a) Approve the plans and specifications; b) award C -3258 to DBX, Inc. for the total bid price of $232,158 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $15,000 to cover the cost of unforeseen work. 13. CLAIMS ADMINISTRATION SERVICES FOR THE GENERAL LIABILITY PROGRAM. Approve a contract to provide Third Party Administration (TPA) services for the self- insured general liability programs to Insurance Consulting Associations (ICA). 14. LEASE AGREEMENT WITH THE BALBOA YACHT CLUB. Authorize the Mayor to execute the proposed lease with the Balboa Yacht Club on behalf of the City. 15. PLANNING COMMISSION AGENDA FOR JUNE 24, 1999. Receive and file. 16. LEGAL ADVERTISING BID FOR FISCAL YEAR 1999 -2000. Accept the bid of the Daily Pilot and authorize a purchase order for the one -year period of fiscal year 1999 -2000. 17. APPOINTMENT OF BENEFIT BROKER AND CONSULTING SERVICES. Authorize staff to issue a broker of record letter to AON Consulting for the purpose of providing benefit and consulting services for the City's benefit program. 18. UNDERGROUNDING OF OVERHEAD UTILITIES CITY WIDE. Continue to process underground assessment districts on an as requested basis. 19. NEWPORT ELEMENTARY SCHOOL SAND SCREEN GARDEN WALL. Allow the construction of a sand screen garden wall less than 3 feet high around the grass playground area, oceanward of the oceanfront sidewalk. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 20. PURCHASE OF REPLACEMENT VOICE LOGGING RECORDER/REPRODUCER SYSTEM. Award bid to purchase replacement voice logging recorder /reproducer system from Stancil Corporation for $29,794.41 from Police Department Budget No. 1250 -9300. 21. PURCHASE OF REPLACEMENT MOBH.E LAPTOP COMPUTERS. Award bid to purchase replacement mobile laptop computers for use in our marked civilian police vehicles from First Computer Inc. for $34,253.73 from CIP Budget No. 7017 C1820451. 22. PURCHASE OF NON - LINEAR VIDEO & AUDIO EDITING SYSTEM. Award the bid to purchase a Discreet -Logic "Edit" Non - Linear Video & Audio Editing System from Burst Communications, Inc. for $47,401.38 (including tax). 23. GENERAL PLAN AMENDMENT 99 -2 — REQUEST TO INITIATE AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN, AS FOLLOWS: A) 4881 BIRCH STREET (PLAZA DE CAFES): A PROPOSAL TO CHANGE THE DEVELOPMENT ALLOCATION FOR THIS SITE TO ALLOW THE DEMOLITION OF AN EXISTING FOOD COURT AND ALLOW THE CONSTRUCTION OF A 161 ROOM EXTENDED STAY HOTEL; B) 4699 JAMBOREE ROAD (FAR EAST NATIONAL BANK): A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION FOR THIS SITE TO ALLOW AN APPROXIMATE 24,000 SQ. FT. ADDITION TO AN EXISTING OFFICE BUILDING WITH A RELATED PARKING STRUCTURE; C) 1514 WEST BALBOA BOULEVARD (EDISON ELECTRICAL SUBSTATION): A PROPOSAL TO CHANGE THE GENERAL PLAN LAND USE ELEMENT AND LOCAL COASTAL PROGRAM, LAND USE PLAN TO RE- DESIGNATE THE PARCEL FROM GOVERNMENTAL, EDUCATION AND INSTITUTIONAL FACILITIES TO TWO. FAMILY RESIDENTIAL; D) LOT 10, TRACT 14839 (GRANVILLE DRIVE OFFICE SITE): A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION FOR THIS SITE FROM 5,000 SQ. FT. TO 8,000 SQ. FT.; AND E) 100 NEWPORT CENTER DRIVE (NEWPORT SPORTS COLLECTION FOUNDATION): A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION IN BLOCK 100 OF NEWPORT CENTER TO ALLOW ADDITIONAL ADMINISTRATIVE SUPPORT OFFICE SPACE IN CONJUNCTION WITH THE ESTABLISHMENT OF A SPORTS MEMORABILIA MUSEUM. Initiate the amendments to the General Plan as recommended by the Planning Commission. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 BEARINGS 24. STATUS REPORT ON DEVELOPMENT AGREEMENT NO. 4 (THE IRVINE COMPANY, LIBRARY EXCHANGE AGREEMENT), NO. 5 (HOAG MEMORIAL HOSPITAL PRESBYTERIAN), NO. 6 (THE IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (CIOSA)), NO. 7 PACIFIC VIEW MEMORIAL PARK), NO. S (FORD MOTOR LAND DEVELOPMENT CORPORATION), NO. 9 (FLETCHER JONES MOTOR CARS), NO. 10 (NEWPORT HARBOR LUTHERAN CHURCH), AND NO. 11 (THE IRVINE COMPANY AND IRVINE COMMUNITY DEVELOPMENT COMPANY CONCERNING BONITA CANYON) - TO CONDUCT AN ANNUAL REVIEW OF CURRENT DEVELOPMENT AGREEMENTS TO REVIEW THE APPLICANTS' GOOD FAITH AND SUBSTANTIAL COMPLIANCE WITH EACH AGREEMENT IN ADDITION TO THOSE TERMS AND CONDITIONS REQUIRED OF THE CITY OF NEWPORT BEACH. Action: a) Open public hearing; and b) Continue public hearing to City Council Study Session on Monday, July 12, 1999 - 4:00 p.m. 25. 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 (contd. from 6/14199). Action: a) Conduct continued public hearing; and b) Introduce Ordinance No. 99 -_ and pass to second reading on July 12, 1999. 26. 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. 4535 - 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 5110/99 and 5/24/99). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: a) Conduct continued 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 4538, and remove the appeal from the calendar. 27. 1999 -00 BUDGET ADOPTION AND CHECKLIST REVIEW. Action: a) Straw vote the items included on the Budget Checklist and determine by individual vote if the Checklist items should be included in the 1999 -00 Budget; and b) Adopt Resolution No. 99 -_ adopting the 1999 -00 City Budget, incorporating any recommended changes. 28. APPOINTMENTS TO BOARDS AND COMMISSIONS. Action: Make appointments from the following nominees to the Boards and Commissions listed below. Listed incumbents are eligible for reappointment. Board of Library Trustees (2 vacancies - Vote for two) Patrick Bartolic (incumbent) Julie Ryan (incumbent) Mary Petropoulos City Arts Commission (2 vacancies: one 4 -year term and one unexpired term ending 6/30/01. The nominee receiving the second highest number of votes will serve the unexpired term. - Vote for two) Karen Raab Lila Crespin Don Gregory Tom Staple Catherine Michaels (incumbent) Civil Service Board (1 vacancy [Civil Service Board Nominee] - Vote for one) James Dunlap, Jr. Douglas Wood Parks. Beaches & Recreation Commission (2 vacancies - Vote for two) Timothy Brown Stuart Macfarland Jules Marine Curtis Herberts Patricia Beek (incumbent) SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Planning Commission (2 vacancies —Vote for two) Robert Patterson Christi Bettingen Steven Kiser Anne Gifford (incumbent) Richard Fuller (incumbent) 29. TREE POLICY ANALYSIS (INFORMATIONAL REPORT). Action: Discuss and provide direction. 30. TREE REMOVAL APPEAL — 2327 ARBUTUS AVENUE (contd. from 4112/99). Action: a) Conduct appeal hearing; and b) Retain the City parkway tree located at 2327 Arbutus Avenue; OR c) Waive the restrictions of Council Policy G -1 and grant removal based on the level of public and private damages. 31. BEACH VOLLEYBALL COURT AT 2406 W. OCEANFRONT (contd. from 5/24/99). Action: a) Make no changes to the current placement of the beach volleyball courts, including the court at 2406 W. Oceanfront; OR b) Relocate the court at 2406 W. Oceanfront 10 feet out from the current site; OR c) Remove the beach volleyball court at 2406 W. Oceanfront, authorize a new beach volleyball court at 25th Street, and direct staff to have it installed; OR d) Remove the beach volleyball court at 2406 W. Oceanfront and install a beach volleyball court at 26th Street, which is already authorized. 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. I_\ I3I110 tI►IJJ I DQ Y➢ SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS