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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 14, 2000 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member JAN DEBAY 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://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 14, 2000 STUDY SESSION — 5:15 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. Richard Todd, Saint Andrews Presbyterian Church. Proclamation declaring December 13, 2000 as "Automobile Club of Southern California Day". Proclamation declaring December 2, 2000 as "Aaron Peirsol Day". Proclamation awarding special recognition to Sergeant James Kaminsky, Officer Michael Pule, and the members of the Newport Beach Police Department for their outstanding community policing efforts while improving conditions in and around Talbert Park. Proclamation recognizing Leah Robertson for her accomplishments and selection as the "C" Junior Lifeguard of the Year 2000, for the State of California, from the City of Newport Beach, and the Newport Beach Fire Department. Presentation of books in celebration of Children's Book Week. 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 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— 19) 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 24, 2000. 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 S. EXTENSION OF AD HOC OIL AND GAS COMMITTEE. Adopt Resolution No. 2000- _ extending the tenure of the Ad Hoc Oil and Gas Committee for two years. 4. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT 2000 ANNUAL REPORT AND DISTRICT RENEWAL. 1) Approve Restaurant Association Business Improvement District 2000 Annual Report; and 2) adopt Resolution of Intention No. 2000 -_ to levy and set the public hearing for December 12, 2000. 5. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT 2000 ANNUAL REPORT, DISTRICT RENEWAL, AND INTRODUCTION OF AN ORDINANCE TO 1) MODIFY THE BOUNDARIES OF THE ASSESSMENT DISTRICT; AND 2) RENAME THE ASSESSMENT DISTRICT. 1) Approve Marine Avenue Business Improvement District 2000 Annual Report; 2) adopt Resolution of Intention No. 2000 -_ to levy; 3) introduce Ordinance No. 2000 - to modify the Assessment District boundaries, to rename the Assessment District, and confirm Intention to Levy; and 4) set a public hearing on the ordinance and renewal of the District for December 12, 2000. 6. INCREASE IN ZONING PLAN CHECK STAFF AND CHARGES FOR PLAN CHECK SERVICES. 1) Approve Budget Amendment (BA -015) to increase Salaries and Benefits in Division 2710 (Planning) by $32,760 and Capital Outlay by $5,000; 2) introduce Ordinance No. 2000 -_ approving an amendment to Chapter 3.36 of the NBMC pertaining to the recovery of costs for Title 20 Plan Check; and 3) adopt Resolution No. 2000 - amending the City's Fee Schedule as it relates to Title 20 Plan Check. 7. MODIFICATIONS CITY ATTORNEY CONTRACT. Adopt Resolution No. 2000 - adjusting the compensation paid to the City Attorney. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ORDINANCE FOR INTRODUCTION 8. ORDINANCE NO. 2000 -_ AMENDING CHAPTER 12.66 - PRIVATE ROADS, OF THE NEWPORT BEACH MUNICIPAL CODE. Introduce Ordinance No. 2000 -_ amending Chapter 12.66 of the Newport Beach Municipal Code to apply provisions of the California Vehicle Code to private roads in the Baypointe Apartments Development and updating sections of Chapter 12.66; and pass to second reading on November 28, 2000. ORDINANCES FOR ADOPTION 9. MODIFICATION TO ADULT ENTERTAINMENT ORDINANCE. Adopt Ordinance No. 2000 -21. 10. BALBOA PENINSULA SIGN REGULATIONS. Adopt Ordinance No. 2000 -22 approving Amendment 907. CONTRACTS AND AGREEMENTS 11. PROFESSIONAL SERVICES AGREEMENT FOR APPRAISAL OF HARBOR USES WITH GEORGE HAMILTON JONES, INC. Approve a professional service agreement with George Hamilton Jones, Inc. of Newport Beach for $55,000. 12. BAYSIDE DRIVE PARKWAY IMPROVEMENTS (C -3320) - 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) release the Faithful Performance Bond one year after Council acceptance. 13. TRANSPORTATION CONGESTION RELIEF FUND (AB2928) - ACCEPTANCE OF FUNDS. 1) Approve acceptance of AB2928 Transportation Congestion Relief Funding in the amount of $539,054 from the State of California; and 2) approve a budget amendment (BA -012) to increase revenue estimates by $539,054 for Traffic Congestion revenues into Account No. 190 -4807 and $15,000 for anticipated additional interest earnings into Account No. 190 -5400. 14. WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT - AWARD OF CONTRACT (C- 3358). 1) Approve the plans and specifications; 2) authorize a $35,000 appropriation from the Gas Tax Fund to Account No. 7181- C5100563 (BA -013); 3) award contract to A & M Construction for the total bid price of $126,768 and authorize the Mayor and the City Clerk to execute the contract; and 4) establish an amount of $8,232 to cover the cost of unforeseen work. 15. AGREEMENT WITH SUTHERLAND TALLA HOSPITALITY TO DEVELOP PROJECT DESCRIPTION, PROCESS DEVELOPMENT PLAN, AND NEGOTIATE GROUND LEASE FOR MARINAPARK. Approve agreement. MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR NOVEMBER 9, 2000. Receive and file. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 17. SWEARING IN DATE FOR NEW CITY COUNCIL MEMBERS. Set Tuesday, December 12, 2000 as the date for the swearing in ceremony for new City Council Members. 18. REPLACEMENT OF TRAINING COMPUTERS. 1) Approve the replacement of ten (10) training computers; 2) approve an increase to the MIS budget ceiling of $5,000; and 3) approve budget amendment (BA -011) in the amount of $20,000. 19. STAFF RECOMMENDATION REGARDING SPECIAL EVENT PERMIT NOISE REGULATIONS. 1) Hire a sound consultant to help craft noise regulations that are reasonable and enforceable for special events in general; 2) require all future Special Event Permits which permit amplified sound to provide an on -site contact person, with phone number and/or pager, who can regulate volume upon direction from the Police Department or Code Enforcement Officers; and 3) require all Level 4 permits to pay for a code enforcement officer's time to do periodic reviews to insure they are in compliance. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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. MOTION FOR RECONSIDERATION A inotnon 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 inernbers who voted with the prevailing side. ADJOURNMENT - In memory of "Ray" Handy SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.