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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, May 10, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tern TOD W. RIDGEWAY Council Member JAN DEBAY Council Member Council Member GARY 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 10, 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 Dr. James T. (Jim) Bradford of Newport -Mesa Christian Center. Presentation to Mayor O'Neil by Pat Davis, Huntington Beach Community Clinic. 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 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 (2 - 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 APRIL 26, 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. REESOLUTIONS FOR ADOPTION 3. RESOLUTION NO. 99 -_ ESTABLISHING TWO -HOUR PARKING ON HAZEL DRIVE FROM THE ALLEY NORTH OF COAST HIGHWAY TO SECOND AVENUE. Adopt Resolution No. 99 -_. ORDINANCES FOR INTRODUCTION 4. ADOPTION OF THE FIRE CODE. Introduce Ordinance No. 99 -_ Amending Title 9 of the NBMC to adopt 1998 California Fire Code and pass to second reading on May 24, 1999. 5. ADOPTION OF THE BUILDING CODES. Introduce Ordinance No. 99 -_ 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, 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 pass to second reading on May 24, 1999. 6. ORDINANCE NO. 99-_ AMENDING SECTION 1.08.055 OF CHAPTER 1.08 OF THE NBMC PERTAINING TO APPOINTMENT OF HEARING OFFICER. Introduce ordinance and pass to second reading on May 24, 1999. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. MACARTHUR BOULEVARD WIDENING — SEGMENT 2, CONSTRUCTION OF SOUND WALLS FOR CONTRACT NO. 2825(K) — 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. 8. MARINERS LIBRARY ROOF REPLACEMENT — AWARD OF CONTRACT (C- 3241). Approve the plans and specifications; award C -3241 to Long Beach Roofing, Inc. for the total bid price of $43,624.80 for Alternate "A" and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $2,375 for Alternate "A" to cover the cost of unforeseen work. 9. LEASE AGREEMENT WITH THE BALBOA ANGLING CLUB. Approve proposed lease. 10. RENEWAL OF CORONA DEL MAR FARMERS MARKET. Approve Third Amendment to Encroachment Agreement, which allows for annual renewal by the City Manager for up to ten (10) additional one -year terms. 11. PACIFIC PLAZA (BLOCK 800), NEWPORT CENTER. Approve a Professional Services Agreement with Bonterra Consulting of Costa Mesa for professional environmental services for a contract price of $51,510. 12. KOLL CENTER NEWPORT OFFICE PROJECT. Approve Professional Services Agreements with Lawrence Associates of San Juan Capistrano and Keeton Kreitzer Consultants of Irvine for professional project management and environmental services. MISCELLANEOUS ACTIONS 13. PLANNING COMMISSION AGENDA FOR MAY 6, 1999. Receive and file. 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 HEARINGS 14. VACATION AND ABANDONMENT OF A PORTION OF AVOCADO AVENUE LOCATED BETWEEN PACIFIC DRIVE AND WATERFRONT DRIVE IN THE CORONA DEL MAR AREA. Action: a) Conduct public hearing; b) Adopt Resolution No. 99 -_ ordering the vacation and abandonment of a portion of unused right -of -way along the westerly side of Avocado Avenue between Pacific Drive and Waterfront Drive, adjacent to 401 Avocado Avenue; and c) Direct the City Clerk to have the Resolution recorded by the Orange County Recorder. 15. AMENDMENT TO SECTION 20.65.040 (HEIGHT LINHTATION ZONES) OF TITLE 20 OF THE NBMC TO PLACE ALL PROPERTIES IN THE RESIDENTIAL - AGRICULTURAL (R -A) DISTRICT IN THE 32150 FOOT HEIGHT LINHTATION ZONE [AMENDMENT 8871. Action: a) Conduct public hearing; and b) Adopt Ordinance No. 99 -13. 16. 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. [AMENDMENT 8851. Action: a) Conduct public hearing; and b) Introduce Ordinance No. 99 -_ and pass to second reading on May 24, 1999. 17. 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 LINHTED 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. Action: a) Open appeal hearing; and b) Continue to May 24, 1999 at the request of the applicant/appellant's representative. 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. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS