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Home My WebLink About00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, November 8, 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. 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 November 8, 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 Reverend Ed Snedeker, Saint Andrews Presbyterian Church. IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I – 18) 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 AND REGULAR MEETING OF OCTOBER 25, 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. ORDINANCE FOR ADOPTION 3. 22 CORPORATE PLAZA – A REQUEST FOR PC TEXT AMENDMENTS TO INCREASE THE PERMITTED SQUARE FOOTAGE ENTITLEMENT IN THE CORPORATE PLAZA PLANNED COMMUNITY BY TRANSFERRING APPROXIMATELY 45,000 SQUARE FEET OF EXISTING ENTITLEMENT FROM FASHION ISLAND AND BLOCK 600 OF NEWPORT CENTER IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW OFFICE BUILDING. Adopt Ordinance No. 99 -27. RESOLUTIONS FOR ADOPTIONS 4. HOAG HOSPITAL VARIABLE RATE DEMAND REVENUE BONDS. Approve the sale of not to exceed $125 million of City of Newport Beach Variable Rate Demand Revenue Bonds (Hoag Memorial Hospital Presbyterian), Series 1999; adopt Resolution No. 99- — authorizing the issue, the Loan Agreement, Indenture, Preliminary Official Statement (including Appendix A) and the Bond Purchase Contract, and authorize City staff to take the necessary steps to close the bond sale. 5. RESOLUTION ORDERING FORECLOSURE ACTIONS ON SPECIAL ASSESSMENTS AND APPROVING SPECIAL COUNSEL AGREEMENT. Adopt Resolution No. 99-_ ordering foreclosure actions and approving the special counsel agreement between the City and Owen & Bradley, a professional corporation. 6. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FIFTH CYCLE OPPORTUNITY GRANT. Adopt Resolution No. 99 -_ approving the submittal of an application to the California Integrated Waste Management Board for a Local Government Use Opportunity Grant – Fifth Cycle. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS CONTRACTS AND AGREEMENTS BALBOA PIER CONCESSION AGREEMENT - RUBY'S RESTAURANT GROUP (C -2326) (contd. from 10/25/99). Continue to 11/22/99. 8. APPROVAL OF SUBDIVISION AGREEMENT FOR RESUBDIVISION NO. 1043, NEWPORT COAST CHILD DEVELOPMENT PRESCHOOL AND ST. MATHEW S CHURCH SITE. 1) Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 1043; and 2) authorize the City Clerk to release the $18,000 faithful performance surety and $18,000 labor and material surety in the form of a Bank Set -Aside Letter with Northern Trust Bank dated October 18, 1999. 9. SEWER AND STORM DRAIN LINING PROJECT - AWARD OF CONTRACT (C- 3271). 1) Approve the plans and specifications; 2) reject the low bid of G.B. Cooke, Inc. as being non- responsive; 3) award the contract (C -3271) to the second low bidder, Insituform Technologies, Inc., for the total bid price of $170,001.64, and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $10,000 to cover the cost of unforeseen work. 10. OIL FIELD OPERATION CONTRACT RENEWAL (C- 2428). Approve an agreement modification extending the term by two years for Sampson Oil Company to operate and maintain City -owned oil and gas production facilities and authorize the Mayor and the City Clerk to execute the Modification of Agreement on behalf of the City. 11. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE OCEAN BOULEVARD PUBLIC RIGHT - OF -WAY ADJACENT TO 3625 OCEAN BOULEVARD, CORONA DEL MAR (EP99- 409). Approve the application subject to: 1) execution of an Encroachment Agreement for non - standard improvements and authorize the Mayor and 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 12. PLANNING COMMISSION AGENDA FOR NOVEMBER 4, 1999. Receive and file 13. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION. Confirm the nomination of Lila Crespin and Tom Staple to fill the unscheduled vacancy created by the resignation of Pat Brubaker and schedule the appointment to be made on November 22, 1999. 14. BUDGET AMENDMENT (BA -022) TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS TO COVER SUMMER DAY CAMP EXCURSION EXPENSES NOT BUDGETED FOR THE FY 99100 BUDGET ($1,076.80). Approve BA -022. 15. ACCEPTANCE OF THE GRANT DEED AND EASEMENT AGREEMENT FOR THE SALT -WATER MARSH BETWEEN BAYVIEW WAY AND SAN DIEGO CREEK SOUTH OF FLETCHER JONES MOTOR CARS FROM THE TRANSPORTATION CORRIDOR AGENCIES (TCA). 1) Authorize the Mayor and the City Clerk to execute the SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Grant Deed and Easement Agreement; and 2) direct the City Clerk to have the Grant Deed and Easement Agreement recorded with the Orange County Recorder. 16. MARINAPARK REQUEST FOR PROPOSALS (RFP). Approve RFP for distribution. 17. REQUEST FOR PROPOSALS - VISITOR INFORMATION KIOSKS. Authorize staff to issue a Request for Proposals (RFP) for the development of a Visitor Information Kiosk system and to return to the City Council with a recommended vendor at a future date. 18. BALBOA YACHT BASIN. Authorize the City Manager to use the RFP process for management of the Balboa Yacht Basin. 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 19. GENERAL PLAN AMENDMENT 99 -2(E) - REQUEST TO EXPAND THE SECOND FLOOR OFFICE AREA IN AN EXISTING BUILDING BY APPROXIMATELY 1,000 SQUARE FEET TO ALLOW THE RELOCATION OF A SMALL SPORTS MEMORABILIA MUSEUM, KNOWN AS THE NEWPORT SPORTS COLLECTION FOUNDATION, INTO THE BOTTOM FLOOR OF THE BUILDING. THE PROJECT INVOLVES THE APPROVAL OF A GENERAL PLAN AMENDMENT TO PERMIT ADDITIONAL DEVELOPMENT SINCE THERE IS NO ADDITIONAL FLOOR AREA ALLOCATED IN THIS PART OF NEWPORT CENTER. Action: 1) Conduct public hearing; and 2) Rescind Resolution No. 99 -69 and adopt Resolution No. 99 -_ for GPA 99 -2(E). 20. APPEAL OF THE DENIAL OF AN ENCROACHMENT PERMIT FOR THE CONSTRUCTION OF A CURB CUT ADJACENT TO 422 REDLANDS AVENUE IN THE NEWPORT HEIGHTS AREA. Action: 1) Conduct appeal hearing; and 2) Deny the appeal of an Encroachment Permit to allow construction of a curb cut at 422 Redlands Avenue. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 21. PROPOSED REVISIONS TO COUNCIL POLICY A-6, OPEN MEETING POLICIES, TO CHANGE REGULAR COUNCIL MEETINGS TO THE SECOND AND FOURTH TUESDAYS. Action: Approve the proposed revisions to Council Policy A -6 changing the Regular Council meetings to the second and fourth Tuesdays of each month, except in December when the only meeting will be held on the second Tuesday, effective in January of 2000. 22. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION AND APPOINTMENT BY MAYOR OF AN AD -HOC APPOINTMENTS COMMITTEE. Action: 1) Accept the resignation of Mark Hoglund from the Planning Commission effective immediately (term expires June 30, 2000); 2) Direct the City Clerk to advertise the vacancy pursuant to Council Policy A -2; and 3) Appoint and to serve on the Ad- Hoc Appointments Committee. 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