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.