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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, November 22, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tern Council Member TOD W. RIDGEWAY Council Member JAN DEBAY 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 Harldess, City Cleric, 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 22, 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, Newport -Mesa Christian Center. ELECTION OF MAYOR The City Clerk presides for the ELECTION OF THE MAYOR. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: Conduct oral nominations for Mayor and conduct election by roll call vote. New Mayor announced by the City Clerk. Mayor takes proper place at Council table. ELECTION OF MAYOR PRO TEMPORE Mayor calls for oral nominations for ELECTION OF MAYOR PRO TEMPORE. Mayor presides for election of Mayor Pro Tempore, and City Clerk announces the results. Council decides on seating arrangement of council table (senior members having first preference). Outgoing Mayor's comments. New Mayor's comments. IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. 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. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON DISCUSSION ITEM): CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 11) 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 NOVEMBER S, 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. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS WITH ZAKAROFF SERVICES, ORANGE DISPOSAL AND ALLIANCE WASTE & RECYCLING. Adopt Resolution No. 99 -_ terminating the solid waste franchise agreements between the City of Newport Beach and Zakaroff Services, Orange Disposal and Alliance Waste & Recycling; and approve agreements to terminate the franchise agreements between the City of Newport Beach and Zakaroff Services, Orange Disposal and Alliance Waste & Recycling. 4. ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM GRANT APPLICATION FOR THE MACARTHUR BOULEVARD STREETSCAPE (BONITA CANYON SPORTS PARK/FREEWAY RESERVATION SITE). Adopt Resolution No. 99- approving the submittal of an Environmental Enhancement and Mitigation (EEM) Program Grant Application to the Resources Agency of California for the MacArthur Boulevard Streetscape (a portion of Bonita Canyon Sports Park) and designating the Public Works Director as agent for the City in submitting the application and administering the project. 5. NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT 1999 ANNUAL REPORT AND 2000 DISTRICT RENEWAL. 1) Approve the Newport Beach Restaurant Improvement District 1999 Annual Report; and 2) adopt Resolution of Intention No. 99 -_ to levy and set the public hearing for December 13, 1999. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 6. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT, ANNUAL REPORT FOR 2000 FISCAL YEAR DISTRICT RENEWAL, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2000 FISCAL YEAR. 1) Approve the Marine Avenue Business Improvement District 1999 Annual Report; and 2) adopt Resolution of Intention No. 99 -_ to levy and set public hearing for December 13, 1999. CONTRACTS AND AGREEMENTS BALBOA PIER CONCESSION AGREEMENT — RUBY'S RESTAURANT GROUP (C -2326) (contd. from 10/25/99 & 11/8/99). Authorize the Mayor to sign the proposed Lease Agreement with the Ruby's Restaurant Group for the restaurant concession on the Balboa Pier. 8. EXTENSION OF LEASE — GIRL SCOUT HOUSE (1700 WEST BALBOA). Authorize the Mayor to enter into a lease renewal that extends the current Lease Renewal Agreement with the Girl Scout Council of Orange County for the meeting facility at 1700 West Balboa for one year. 9. MALIBU CIRCLE SLOPE REPAIRS (C -3292) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; and 3) authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. MISCELLANEOUS ACTIONS 10. PLANNING COMMISSION AGENDA FOR NOVEMBER 18, 1999. Receive and file. 11. ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN. Adopt report and direct staff to submit copies to the Office of Planning and Research and the Department of Housing and Community Development. 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 inust 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 12. VACATION AND ABANDONMENT OF A 10 -FOOT WIDE SEWER EASEMENT LOCATED ADJACENT TO THE SOUTHERLY PROPERTY LINE OF 116 KINGS PLACE (LOT 2, BLOCK 3, TRACT 1219), LOCATED IN THE CLIFFHAVEN AREA. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 99- ordering the vacation and abandonment of the 10 -foot wide sewer easement and direct the City Clerk to have the resolution recorded by the Orange County Recorder. CURRENT BUSINESS 13. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION. Action: Appoint Lila Crespin or Tom Staple to serve the balance of the unexpired term of Pat Brubaker, which expires on June 30, 2001. 14. AFFORDABLE HOUSING IN -LIEU FEE. Action: Adopt Resolution No. 99 -_ establishing a fee to be paid by residential developers in lieu of providing on -site affordable housing, and direct staff to develop guidelines for the use of the in -lieu fee as part of the Housing Element update. 15. OPTION TO PURCHASE CALTRANS WEST (SUNSET VIEW PARK). Action: Authorize the City Manager to negotiate and execute a 1 -year option to purchase Caltrans West (Sunset View Park) for 10% of the appraised value with, (if needed), a 1 -year extension at 5% of the appraised value. 16. PROJECT PRIORITIZATION FOR OIL SPILL SETTLEMENT PROCEEDS. Action: Authorize Council Member Jan Debay (as the City's representative to the American Trader Oil Spill's Trustees Council) to advocate for the list of recreation projects listed in Attachment A to the staff report. 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 ineynbers who voted with the prevailing side. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.