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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, December 13, 1999 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tern TOD W. RIDGEWAY Council Member JAN DEBAY Council Member DENNIS D. O'NEIL Council Member TOM W. THOMSON Council Member 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 December 13, 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 Pastor Leon Sikes, Lighthouse Coastal Community Church. Presentation of Taste of Newport Proceeds by Richard Luehrs. Presentation to Fletcher Jones Motorcars. 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 — 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 AND REGULAR MEETING OF NOVEMBER 22, 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. RESOLUTION FOR ADOPTION 3. AD HOC HARBOR COMMITTEE. Adopt Resolution No. 99- extending the tenure of the Ad Hoc Harbor Committee until March 31, 2000 CONTRACTS AND AGREEMENTS 4. AGREEMENT FOR MAINTENANCE OF NONSTANDARD IMPROVEMENTS IN CORONA DEL MAR PLAZA LOCATED AT 882 AVOCADO AVENUE (PARCEL 1 OF PARCEL MAP 90 -361 AS RECORDED IN BOOK 270, PAGES 15 THROUGH 18 INCLUSIVELY OF PARCEL MAPS IN THE OFFICE OF THE COUNTY OF ORANGE COUNTY). 1) Approve an agreement for non - standard improvements over portions of Parcel 1 of Parcel Map 90 -361 as recorded in Book 270, pages 15 through 18 inclusively of Parcel maps in the Office of the County of Orange County; 2) authorize the City Manager and the City Clerk to execute the agreement; and 3) authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. 5. APPROVAL OF NEGATIVE DECLARATION FOR BAYSIDE DRIVE STORM DRAIN IMPROVEMENT PROJECT (C- 3198). Approve the Negative Declaration for the Bayside Drive Storm Drain Improvements. 6. 1999 -2000 SIDEWALK, CURB AND GUTTER REPLACEMENT (C -3286) - 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 7. SAN JOAQUIN HILLS ROAD REHABILITATION (C -3170) - COMPLETION AND ACCEPTANCE. 1) Accept the work for San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard [FHWA Project No. STPLMA- 5151- (008)] and for San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue [FHWA Project No. STPLMA -5151- (009)]; 2) authorize the City Clerk to file a Notice of Completion for both federal projects; 3) authorize the City Clerk to release the bonds for both federal projects 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) authorize a budget amendment (BA -028) to transfer $33,442.37 from Gas Tax Account No. 7181- C5100396 STPLMA- 5151 -(008) into Account No. 7181- C5100494 STPLMA- 5151- (009). 8. CONSULTANT AGREEMENT WITH MUNICIPAL REVENUE ADVISORS. Approve an agreement between the City of Newport Beach and Municipal Revenue Advisors for services to enhance City revenue. 9. AMENDMENT TO DESIGN REQUIREMENTS OF BALBOA THEATER LEASE (C- 3248). Approve amendment applying historic guidelines only to exterior improvements. MISCELLANEOUS ACTIONS 10. PLANNING COMMISSION AGENDA FOR DECEMBER 9, 1999. Receive and file. 11. AMENDMENT TO SUBDIVISION CODE (TITLE 19). Approve Budget Amendment (BA -023) in the amount of $17,850, and authorize the City Manager to execute a professional services agreement with Lawrence Associates for the preparation of a comprehensive amendment to the Subdivision Code. 12. PURCHASE OF STREET RIGHT -OF -WAY ALONG THE NEWPORT BOULEVARD FRONTAGE OF 3000 NEWPORT BOULEVARD NEEDED FOR THE WIDENING OF NEWPORT BOULEVARD. 1) Approve the purchase of the property along Newport Boulevard at 30th Street adjacent to 3000 Newport Boulevard for $8,327.20 from Thomas Blurock; and 2) authorize the Mayor and the City Clerk to execute the acceptance of a grant deed transferring the property to the City. 13. APPLICATION BY ROBERT FREED TO CONSTRUCT AN ADDITIONAL CURB CUT AT 4309 SEASHORE DRIVE IN WEST NEWPORT. Approve application for an Encroachment Permit to construct a curb cut. 14. SUMMARY OF PROPOSED LEGISLATION REGARDING INFRASTRUCTURE FUNDING. Receive and file. 15. EASTBLUFF SCHOOL TRAFFIC. Direct staff to continue working with the Eastbluff School community to develop a "Suggested Routes to School' program. 16. SOUTHERN CALIFORNIA EDISON POLE REPLACEMENT ALONG SAN JOAQUIN HILLS ROAD. Receive and file. 17. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm appointments as outlined in the staff report. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 18. BUDGET AMENDMENT FOR SIGNATURE VERIFICATION. Approve BA -024 not to exceed $18,000 for the verification of the signatures on the Greenlight initiative petition and authorize the City Clerk to contract with the County of Orange to prbvide this service. 19. BUDGET AMENDMENT TO INCREASE REVENUE ESTIMATES AND APPROPRIATE A GIFT IN THE AMOUNT OF $5,160 FROM THE COTTON FOUNDATION TO PURCHASE LIBRARY MATERIALS. Approve BA -025. 20. BUDGET AMENDMENT TO TRANSFER MONEY ($12,000) FROM RESERVES PER COUNCIL POLICY AND APPROPRIATE SUCH FUNDS TO PURCHASE ONE SAILBOAT, BUY REPLACEMENT PARTS FOR OTHER SAILBOATS AND SABOTS AND CONSTRUCT A NEW SABOT SAILBOAT RACK. Approve BA -026. 21. BUDGET AMENDMENT TO APPROPRIATE $45,000 FOR STRUCTURAL AND SAFETY REPAIRS OF COMMUNITY SERVICES FACILITIES. Approve BA -027. 22. WATER QUALITY EDUCATION PLAN - WEST NEWPORT & MORE. Direct City staff to: 1) mail the memorandum from the Harbor Quality Committee (along with article on "Gull Trouble" and diagram of sign) to West Newport and Newport Island residents; 2) post beach areas currently posted in West Newport with sign; 3) include information similar to that which is on the sign within the City's water bills; and 4) report back to the Harbor Quality Committee and to the City Council on any progress after nine months. 23. REQUEST FOR ASSISTANCE FROM NEWPORT BEACH FILM FESTIVAL. Endorse the Newport Beach Film Festival and allocate $7,000 from Economic Development capital account for start -up costs. 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. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS PUBLIC HEARINGS 24. NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT DISTRICT RENEWAL PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR THE 2000 FISCAL YEAR. Action: 1) Conduct public hearing regarding the renewal of the Newport Beach Restaurant Business Improvement District; and 2) If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 99 -_ confirming the levying of assessment; OR If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. 25. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR THE 2000 FISCAL YEAR. Action: 1) Conduct public hearing regarding the renewal of the Marine Avenue Business Improvement District; and 2) If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 99- confirming the levying of assessment; OR If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. 26. THE PACIFIC CLUB - 4110 MACARTHUR BOULEVARD (BROOKE B. BENTLEY, GENERAL MANAGER) - REQUEST TO PERMIT THE PHASED EXPANSION OF AN EXISTING PRIVATE MEMBERSHIP ATHLETIC CLUB. THE PROJECT IS AN EXPANSION OF THE PRIVATE ATHLETIC CLUB BY 15,000 SQUARE FEET TO ACCOMMODATE ADDITIONAL MEMBER SERVING FACILITIES INCLUDING ACCESSORY ATHLETIC, DINING AND SUPPORT USES. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 99-_ approving General Plan Amendment No. 97 -3(E); 3) Introduce Ordinance No. 99 -_, an amendment to the Koll Center Planned Community, approving a 15,000 square foot increase of development rights in Office Site "A" of Koll Center Planned Community (Amendment No. 890), and pass to second reading on January 11, 2000; and 4) Sustain the action of the Planning Commission and approve the supporting documentation related to the amendment, subject to the findings, conditions and mitigation measures as modified by the Planning Commission: the acceptance of a Negative Declaration, Use Permit No. 3208 Amended, and a Parking Demand Study. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 27. APPROVAL OF NEGATIVE DECLARATION FOR SAN MIGUEL DRIVE WIDENING PROJECT (C- 3311). Action: 1) Conduct public hearing; and 2) Approve the Negative Declaration for the San Miguel Drive Widening Project. CURRENT BUSINESS 28. GRANT REQUESTS - CITIZENS FOR JOBS AND THE ECONOMY (CJ &E) ($750,000) AND AIRPORT WORKING GROUP (AWG) ($500,000). Action: Approve grants in accordance with recommendations in the report and subject to the terms and conditions in the existing grant agreements and activity guidelines. 29. EL TORO REUSE PLANNING PROCESS - RESOLUTION SUPPORTING A COMMUNITY FRIENDLY AIRPORT. Action: Adopt Resolution No. 99 -_ and direct staff to transmit a copy to OCRAA and the Board of Supervisors. 30. CONSIDERATION OF PROPOSAL FROM THE ARTS & EDUCATION CENTER AD HOC COMMITTEE. Action: Council direction. 31. LOCAL LAW ENFORCEMENT BLOCK GRANT - CRIME PREVENTION PROGRAM. Action: Receive public comments and accept continued funding of the Crime Prevention Program under the provisions of United States Department of Justice Local Law Enforcement Block Grant 98LBVX3097 and its successor grant under the federal 1999/2001 budget period (currently in the application process). 32. EXTENSION OF OPTION AGREEMENT FOR THE BALBOA BAY CLUB. Action: Approve amendment to the Option Agreement; OR Direct staff to further discuss the option extension in order to identify appropriate consideration to be provided the City in exchange for the extension, or to identify additional performance milestones for incorporation into the option agreement and ground lease. 33. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES AND THE AVIATION COMMITTEE FOR A ONE -YEAR TERM ENDING DECEMBER 31, 2000 (appointed by Council upon recommendation of each Council Member). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Action: If desired, confirm the following nominations: Harbor Quality Citizens Affairs Committee Environmental Quality Affairs Citizens Affairs Conunittee Council Member Ridgeway's appointment of (District 1) Council Member Ridgeway's appointment of (District 4) and (at -large member). Mayor Noyes' appointment of (District 6) (District 2) Council Member Debay's appointment of and (at -large member). (District 3) Council Member Glover's appointment of and (at -large member). (District 4) Mayor Pro Tem Adams' appointment of and (at -large member). (District 5) Mayor Noyes' appointment of and (at large member). (District 6) Council Member O'Neil's appointment of and (at -large member). (District 7) Council Member Thomson's appointment of and (at -large member). Chairman (appointed by Mayor). Chairman (or designee) — Economic Development Committee Harbor Quality Citizens Affairs Committee (District 1) Council Member Ridgeway's appointment of (District 2) Council Member Debay's appointment of (District 3) Council Member Glover's appointment of (District 4) Mayor Pro Tem Adams' appointment of (District 5) Mayor Noyes' appointment of (District 6) Council Member O'Neil's appointment of (District 7) Council Member Thomson's appointment of Chairman Vice Chairman (appointed by Mayor). (appointed by Mayor). 7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Aviation Commnittee (District 1) Council Member Ridgeway's appointment of (alternate). (District 2) Council Member Debay's appointment of (alternate). (District 3) Council Member Glover's appointment of (at -large member). (District 4) Mayor Pro Tem Adams' appointment of (alternate). (District 5) Mayor Noyes' appointment of (alternate). (District 6) Council Member O'Neil's appointment of (alternate). (District 7) Council Member Thomson's appointment of (alternate). Chairman (appointed by Mayor). and and and and and and and MOTION FOR RECONSIDERATION A inotion to reconsider the vote on any action token 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 - 4:00 p.m. - Study Session - Tuesday, January 11, 2000 7:00 p.m- - Regular Meeting - Tuesday, January 11, 2000 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.