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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 9, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY STEVEN BROMBERG Mayor Pro Tern Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN 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 January 9, 2001 — 4:00 p.m. CLOSED SESSION — [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Very Reverend Canon David C. Anderson, Saint James Episcopal Church. Presentation of $102,100 check from the Newport Beach Public Library Foundation. 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 (I — 17) are considered by the Council to be routine and will all be enacted by one rnotion in the forin 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 inembers of the Council, staff or the public request specific items to be discussed and /or removed froin 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 boxprovided at the podium. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF DECEMBER 12, 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 3. SUMMARY OF CITY'S LEGISLATIVE EFFORTS, ADOPTION OF 2001 LEGISLATIVE PLATFORM AND RELATED RESOLUTION. Adopt Resolution No. 2001 confirming the City's Legislative Platform for 2001 and authorizing the Mayor to issue letters consistent with the Platform. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO CST ENVIRONMENTAL, INC. 1) Adopt Resolution of Intention No. 2001 -_ to award a Non- exclusive Solid Waste Franchise to CST Environmental, and to schedule a public hearing on January 23, 2001; and 2) introduce Ordinance No. 2001 - granting a Non - exclusive Solid Waste Franchise to CST Environmental, Inc. and pass to second reading on January 23, 2001. b. ADOPT RESOLUTION NO. 2001 -_ DELEGATING AUTHORITY TO CITY MANAGER TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR LOCAL ASSISTANCE TRANSPORTATION PROGRAMS. Adopt Resolution No. 2001- _ delegating authority to the City Manager to approve program supplements with Caltrans for Local Assistance Transportation Projects. 6. ADOPTION OF RESOLUTION RELATING TO $80,000 PUMPOUT FACILITY IMPROVEMENT GRANT FROM THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS. Adopt Resolution No. 2001 - authorizing the City to apply for and receive a pumpout station renovation grant of $80,000 from the California Department of Boating and Waterways. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. CITY'S PARTICIPATION IN THE ABANDONED WATERCRAFT ABATEMENT FUND. Adopt Resolution No. 2001 - expressing the City's intent to participate in the Department of Boating and Waterways' (DBW) Abandoned Watercraft Abatement Fund (AWAF) program and authorizing the City Manager to execute all documents associated with the program. CONTRACTS AND AGREEMENTS 8. NEWPORT BOULEVARD/WEST COAST HIGHWAY "ARCHES" INTERSECTION DRAINAGE IMPROVEMENTS - AMENDMENT TO COOPERATIVE AGREEMENT NO. 12 -335 WITH STATE OF CALIFORNIA (C- 2886). 1) Approve Amendment A -2 to Cooperative Agreement No. 12 -335 with the State of California; and 2) authorize the Mayor and the City Clerk to execute the Amendment to the Agreement. 9. NEWPORT BACKBAY SLOPE STABILIZATION - COST SHARING AGREEMENT WITH COUNTY AND RESOLUTION FOR A PORTION OF BACKBAY DRIVE TO BE A COUNTY HIGHWAY DURING CONSTRUCTION. 1) Approve the agreement with the County of Orange for the cost sharing of the Upper Newport Bay Slope Stabilization Project; and 2) adopt Resolution No. 2001 declaring a portion of Backbay Drive owned by the City to be a County Highway during construction of the project. 10. BALBOA VILLAGE IMPROVEMENT PLAN (C -3333) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH RON YEO, FAIA ARCHITECT, INC., RMS ENGINEERING AND DESIGN, INC. AND NUVIS. 1) Approve a Professional Services Agreement with Ron Yeo, FAIA Architect, Inc., for design of the Landmark Tower in the amount of $16,800; 2) approve a Professional Services Agreement with RMS Engineering & Design, Inc. for a geotechnical investigation and structural analysis of the Landmark Tower in the amount of $17,400; and 3) approve a Professional Services Agreement with NUVIS for additional planning and design tasks in the amount of $16,120. 11. CORONA DEL MAR MAIN BEACH SEWER FORCE MAIN AND BREAKERS DRIVE WATER MAIN REPLACEMENT - REJECT ALL BIDS FOR CONTRACT (C- 3296). 1) Reject all bids; and 2) authorize the Mayor and the City Clerk to execute Amendment No. 3 to the Professional Services Agreement with The Keith Companies for additional design fee of $8,700 to prepare revised plans. 12. 1999 -2000 BALBOA ISLAND BAYFRONT REPAIRS (C -3303) - 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 (1) year after Council acceptance. MISCELLANEOUS ACTIONS 13. PLANNING COMMISSION AGENDA FOR JANUARY 4, 2001. Receive and file. 14. BUDGET AMENDMENT (BA -022) - DONATION OF $102,100 FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION. Approve BA -022. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 15. SALE OF ACKERMAN PROPERTY (2114 -2112 WEST OCEANFRONT & 106 -110 22nd STREET). 1) Authorize the City Manager to execute all documents associated with the early Option to Purchase the Ackerman Property at 2114 -2122 West Oceanfront and 106 -110 22nd Street; 2) when the sale is complete, the City Manager shall direct the establishment of a lifetime annuity that dedicates 75% of interest income to high -tech library equipment and 25% of scholarships for "needy, qualified students "; and 3) direct the City Manager to review and report back to City Council on any recommended changes to the administration of the scholarship portion of the Ackerman Fund. 16. WASTEWATER OPERATIONS REPORT. Receive and file. 17. FY 1999 -2000 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER). Approve the FY 1999 -2000 CAPER and direct staff to submit the documents to all appropriate parties. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR Public Comments are incited on non- agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3- ininutes. Before speaking, please state your name and address for the record. PUBLIC HEARINGS 18. FLUTER MIXED USE PROJECT (STERNS ARCHITECTURE) - 2410 NEWPORT BOULEVARD - A REQUEST TO CONSTRUCT A MIXED USE BUILDING WITH 1,500 SQUARE FEET OF COMMERCIAL SPACE AND 2 RESIDENTIAL UNITS - SITE PLAN REVIEW NO. 79, USE PERMIT NO. 3685 AND VARIANCE NO. 1239 (contd. from 12/14/00). Action: Refer the item back to the Planning Commission for further review. 19. NAVAI RESIDENCE (JIM NAVAI, APPLICANT) - 1201 KINGS ROAD - REQUEST TO PERMIT THE CONSTRUCTION OF A SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING, PORTIONS OF WHICH WILL EXCEED THE 24 FOOT HEIGHT LIMIT RANGING FROM 1 FOOT TO 10 FEET. Action: 1) Conduct public hearing; and 2) Uphold the decision of the Planning Commission to approve Variance No. 1237. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 20. BALBOA INN & EXPANSION - 105 MAIN STREET & 707 OCEAN FRONT - A USE PERMIT FOR THE BALBOA INN LOCATED AT 105 MAIN STREET ITS PROPOSED EXPANSION TO THE 707 OCEAN FRONT PROPERTY. THE EXPANSION PROJECT INVOLVES THE CONSTRUCTION OF A TWO AND THREE STORY STRUCTURE CONSISTING OF 11 NEW GUEST SUITES, GUEST SPA AREA, APPROXIMATELY 2,000 SQUARE FEET OF RETAIL SPACE, AND A PARTIALLY COVERED 20 SPACE, TANDEM PARKING AREA. IT WILL ALSO INVOLVE THE DEMOLITION OF AN EXISTING ONE -STORY RETAIL BUILDING AND POOL AREA THAT CURRENTLY SERVES THE EXISTING BALBOA INN. THE USE PERMIT APPLICATION ALSO INCLUDES CONSIDERATION OF AN EXCEPTION TO THE MAXIMUM ALLOWABLE FLOOR AREA RATIO, BUILDING BULK AND BUILDING HEIGHT ESTABLISHED BY TITLE 10 OF THE MUNICIPAL CODE FOR THE EXPANSION. Action: 1) Conduct public hearing; and 2) Uphold the decision of the Planning Commission to approve Use Permit No. 3683. 21. PLANNING DIRECTOR'S USE PERMIT NO. 69, ACCESSORY OUTDOOR DINING PERMIT NO. 76 - EXPANSION OF AN EXISTING FULL SERVICE SMALL SCALE EATING AND DRINKING ESTABLISHMENT INTO A NEIGHBORING TENANT SPACE, INCREASING THE INTERIOR SEATING FROM 12 SEATS TO 21 SEATS, INCREASING THE EXTERIOR SEATING FROM 8 TO 12 SEATS AND PROVIDING SEPARATE GENDER RESTROOMS. Action: 1) Open public hearing; and 2) Continue this item to January 23, 2001. CURRENT BUSINESS 22. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Action: Confirm appointments as recommended and announced by the Mayor: I. COUNCIL /CITIZENS AD HOC COMMITTEES A. Aviation Committee 1. Council Member 2. Council Member 3. City Manager or designee 4. City Attorney or designee 5. Current president or designee of Airport Working Group Chairman (either Council Member or resident) Vice Chair (either Council Member or resident) SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. LA C. E. F, G. L" Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula (PROP) 1. Council Member Rideewav (District 1 - Chair) 2. Council Member Proctor (District 2) 3. Council Member Bromberg (District 5) City- School Ad Hoc Committee 1. Council Member 2. Council Member 3. Council Member 4. City Manager Economic Development Committee 1. Mayor 2. Council Member 3. Council Member 4. Planning Commissioner 5. EQAC Chairman 6. Chairman Oil and Gas Field Operations Committee 1. Council Member 2. Council Member 3. Public Works Director 4. Public Works Dept. Utilities Division Manager Ad Hoc Citv Council Airport Issues Commnittee 1. Council Member 2. Council Member 3. Council Member Councihnanic Redistricting Committee 1. Council Member 2. Council Member 3. Council Member Affordable Housing Task Force 1. Council Member 2. Council Member 3. Council Member 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. I. Ad Hoc General Plan Update Conunittee 1. Council Member 2. Council Member 3. Council Member 4. Planning Commissioners (3) 5. Environmental Quality Affairs Citizens Advisory Committee designee 6. Economic Development Committee designee 7. Aviation Committee designee 8. Harbor Committee designee 9. Greenlight designee J. Ad Hoc Airport Area Development Committee 1. Council Member 2. Council Member 3. Planning Commissioner 4. Planning Commissioner K. Ad Hoc Committee for an Arts & Education Center 1. Council Member 2. Council Member 3. City Arts Commission 4. Board of Library Trustees 5. Parks, Beaches & Recreation Commission L. Web Site Review Ad Hoc Committee 1. Council Member 2. Council Member 3. Council Member M. John Wayne Airport (JWA) Settlement Extension Ad Hoc Committee 1. Council Member 2. Council Member 3. Council Member N. Ad Hoc Telecommunications Committee 1. Council Member 2. Council Member 3. Community Member 4. Community Member 5. Community Member SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. II. III. COUNCIL COMMITTEE A. Finance Commnittee 1. Council Member 2. Council Member 3. Council Member REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES A. Growth Management Area 8 Representative 1. Council Member B. Hazardous Waste Material - Joint Powers Authority 1. Council Member C. Inter -City Liaison Committee 1. Council Member 2. Council Member (Alt.) 3. City Manager D. Joint Committee for the Evaluation and Implementation of the Upper Newport Bay Cooperative Agreement 1. Council Member 2. Council Member (Alt.) E. League of California Cities /Orange County Division 1. Council Member 2. Council Member (Alt.) F. Orange County Coastal Coalition 1. Council Member G. Orange Countv Council of Governments (OCCOG)* 1. Council Member Norma Glover *Glover is a member by virtue of her position on AQMD H. Orange County Homeless Coalition (Affordable Housing) 1. Council Member 2. Planning Staff Member 3 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. I. Orange County Housing Connnission - Advisory Committee 1. Planning Staff Robert Kam 2. Planning Staff Patricia Temple (Alt.) J. Orange County Regional Airport Authority (OCRAA) 1. Council Member 2. Council Member (Alt.) K. Consolidated Sanitation District of Orange County (CSDOC) 1. Council Member 2. Council Member (Alt.) L. Orange County Transportation Authority (OCTA) Corridor Elected Officials Connnittee 1. Council Member 2. Council Member (Alt.) M. Orange Countv Vector Control District Board of Trustees 1. Council Member N. Santa Ana River Crossing (SARX) Study Policy Advisory Coxmnittee 1. Council Member 2. Council Member (Alt.) O. Santa Ana River Flood Protection Agency 1. Council Member 2. Council Member P. San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors 1. Council Member 2. Council Member (Alt.) Q. Southern California Association of Governments (SCAG) Appointed by Orange County Division of the League of California Cities R. SR73 /SR55/I -405 Freeways Confluence Policy Committee 1. Council Member 9 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS IV. A. C. Environmental Quality Affairs 1. Council Member 2. Council Member 3. Chairman or designee of EDC 4. Chairman [citizen (at large)] Harbor Quality 1. Council Member 2. Council Member Chairman Vice Chair Youth Council (either Council Member or resident) (either Council Member or resident) 1. Council Member (Liaison) 2. Recreation Manager (Community Services Staff) 23. JIFFY LUBE PROGRAM -1520 WEST COAST HIGHWAY (CHRISTIAN FANTI COLA, APPLICANT). Action: Continue to January 23, 2001. 24. FINANCING OF MARINER'S MILE PUBLIC IMPROVEMENT PLAN. Action: If the City Council decides to move forward on the project at this time, staff recommends that an appropriation from Fund Balance should be used as a source of funds, rather than borrowed money from an outside source. If a total present value equivalent to the original $650,000 is to be maintained, a budget amendment (BA -023) in the amount of $483,000 should be approved at this time. MOTION FOR RECONSIDERATION ADJOURNMENT A motion to reconsider the vote ou any action 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. 10 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.