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HomeMy WebLinkAbout0 - Regular AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 11, 2000 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tem TOD W. RIDGEWAY Council Member JAN DEBAY Council Member Council Member DENNIS D. O'NEIL Council Member TOM W. THOMSON 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 Tuesdays 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:l /www.city.newport - beach.ca.usl 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 January 11, 2000 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 Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church. Proclamation congratulating the Assessment and Treatment Services Center on their 25th Anniversary. Presentation by Judge William M. Monroe concerning Grand Jury recruitment. Presentation to Fletcher Jones for his contribution to bay water quality and landscaping. 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 DISCUSSION ITEM): 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 (1 — 12) 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 nine and Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OF MINUTESIORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF DECEMBER 13, 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. JUNIOR LIFEGUARD PROGRAM REGISTRATION GUIDELINES AND FEE ADJUSTMENT. 1) Approve a motion to support the registration guidelines developed by the Fire and Marine Department for the Junior Lifeguard Program; and 2) adopt Resolution No. 2000 -_ amending the City's Fee Schedule for Municipal Services pertaining to fees paid by participants of the 2000 Newport Beach Junior Lifeguard Program. 4. COUNCILMANIC DISTRICT BOUNDARIES. 1) Adopt Resolution No. 2000 -_ establishing a Councilmanic Redistricting Committee; and 2) confirm Mayor Noyes' appoint- ment of Mayor Pro Tem Adams, Council Member Thomson and Council Member O'Neil to the Councilmanic Redistricting Committee. 5. LEGISLATIVE PLATFORM FOR 2000. Adopt Resolution No. 2000 -_ relating to the City's Legislative Platform for 2000 and authorizing the Mayor to issue letters consistent with the Platform. ORDINANCE FOR INTRODUCTION 6. PROPOSED AMENDMENTS TO SECTION 6.040.090 OF THE NBMC (GARBAGE AND REFUSE CONTAINER REQUIREMENTS). Introduce Ordinance No. 2000 - and pass to second reading on January 25, 2000. ORDINANCE FOR ADOPTION THE PACIFIC CLUB - 4110 MACARTHUR BOULEVARD (BROOKE B. BENTLEY, GENERAL MANAGER) - REQUEST TO PERMIT THE PHASED EXPANSION OF AN SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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. Adopt Ordinance No. 99 -28, 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). CONTRACTS AND AGREEMENTS 8. MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE/TILLERBLUE KEY PAVEMENT OVERLAY (C -3269) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) authorize the City Clerk to release the Faithful Performance Bond 6 months after Council acceptance. 9. 1999 -2000 SLURRY SEAL PROJECT (C -3299) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) authorize the City Clerk to release the Faithful Performance Bond 6 months after Council acceptance. 10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 3709 OCEAN BOULEVARD, CORONA DEL MAR (EP99 -475). Approve the application subject to: 1) execution of an Encroachment Agreement for non - standard improvements: a) authorize Mayor and City Clerk to execute the Agreement; and b) 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 11. PLANNING COMMISSION AGENDA FOR JANUARY 6, 2000. Receive and file. 12. 19TH STREET BRIDGE REPORT (SARX STUDY). Work with the West Newport Community to inform them of the impacts to their community related to the removal of the 19�h Street Bridge from the circulation system and review the City's representation on the SARX (Santa Ana River Crossing) Technical Advisory Group. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Public Comments are inuited 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 13. CALCULATION OF RESIDENTIAL MAXIMUM FLOOR AREA LIMITS (PLANNING COMMISSION AMENDMENT 895) - AN AMENDMENT TO SECTION 20.10.030 (PROPERTY DEVELOPMENT REGULATION M), SECTION 20.10.040 (B -2), AND SECTION 20.41.060 (PROPERTY DEVELOPMENT REGULATION I) OF THE ZONING CODE TO PARTIALLY EXEMPT ELEVATOR SHAFTS AND SIMILAR VERTICAL SHAFTS FROM THE CALCULATION OF RESIDENTIAL FLOOR AREAS. Action: 1) Conduct public hearing; 2) Introduce Ordinance No. 2000 - and pass to second reading on January 25, 2000. 14. EXTENDED STAY AMERICA, 4881 BIRCH STREET - REQUEST FOR A GENERAL PLAN AMENDMENT, PC AMENDMENT, USE PERMIT AND A TRAFFIC STUDY TO ALLOW THE CONSTRUCTION OF A 164 ROOM EXTENDED STAY HOTEL. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2000 -_ approving General Plan Amendment No. 99 -2(A); 3) Introduce Ordinance No. 2000 -_, an amendment to the Koll Center Planned Community (Amendment No. 897), and approve the designation of hotel use for Parcel 1 of KCN Retail and Service Site 1, establish the permitted gross floor area for KCN Retail and Service Site at 120,000 square feet, establish the permitted height for the site at 60 feet, and pass to second reading on January 25, 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. 3665, and a Traffic Generation Study. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CURRENT BUSINESS 15. COUNCIL DIRECTION TO THE CITY CLERK REGARDING ACCEPTANCE OR REJECTION OF GREENLIGHT PETITION BASED ON CITY ATTORNEY'S ANALYSIS OF PETITION FORMAT. Action: The City Attorney and City Manager see three options available to the Council: 1) Find the petition substantially defective based on the City Attorney's analysis and direct the City Clerk to reject the petition. 2) Decide the petition is not defective and establish a ballot measure election date. 3) Not make a determination on the issues raised by the City Attorney and establish an election date. 16. CERTIFICATION OF THE PETITION ENTITLED "PROTECTION FROM TRAFFIC AND DENSITY INITIATIVE" AND ADOPTION OF A RESOLUTION SETTING THE ELECTION DATE. Action: 1) Approve the certification of the "Protection from Traffic and Density Initiative" petition from the Registrar of Voters, County of Orange, as presented by the City Clerk; 2) Adopt Resolution No. 2000 calling and giving notice of the holding of an election for the submission of the proposed charter amendment to be held on 2000; and 3) Direct the City Clerk to prepare for consideration at a future meeting all the necessary resolutions, etc. needed to conduct the election on the established date. 17. 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) (contd. from 12/13/99). Action: If desired, confirm the following nominations: Environmental Quality Affairs Citizens Advisory Committee (District 2) Council Member Debay's appointment of _ and (at -large member). (District 7) Council Member Thomson's appointment of Aviation Committee (District 4) Mayor Pro Tern Adams' appointment of _ (alternate). 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. (District 7) Council Member Thomson's appointment of and (alternate). 18. APPOINTMENT OF OFFICERS TO CITIZENS ADVISORY COMMITTEES AND THE AVIATION COMMITTEE. Action: Discuss and provide direction to staff. 19. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Action: Confirm the nominations; appointment to be made on January 25, 2000 (1 vacancy): and 20. RULE 20A UNDERGROUNDING DISTRICT PRIORITY LIST. Action: Review existing priority list of future Rule 20A underground districts and reprioritize if desired. MOTION FOR RECONSIDERATION A motiou to reconsider the uote on any actiou 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 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS