HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Monday, March 22, 1999
Regular Council Meeting - 7:00 p.m.
DENNIS D. O'NEIL
MAYOR
TOM W. THOMSON NORMA J. GLOVER
Mayor Pro Tem
TOD W. RIDGEWAY
Council Member
Council Member
GARY ADAMS
Council Member
JAN DEBAY JOHN E. NOYES
Council Member Council Member
DENNIS DANNER - Acting City Manager, ROBERT BURNHAM - City Attorney,
LAVONNE HARKLESS - City Clerk, DON WEBB - Director of Public Works, SHARON Z.
•WOOD - Assistant City Manager/Director of Community and Economic Development.
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
0 and to determine if accommodation is feasible.
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NEWPORT BEACH CITY COUNCIL AGENDA
March 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 Chief Chaplain George B. Vogel, VA Medical Center of Long Beach.
IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN
CARD AND PLACE IT IN THE BOX AT THE PODIUM.
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
BELURED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP;
YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION.
CONSENT CALENDAR
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NOTICE TO THE PUBLIC
All mutters listed under CONSENT CALENDAR (I — 18) 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
MINUTES OF THE SPECIAL MEETING (CLOSED SESSION) OF MARCH 8, 1999,
ADJOURNED REGULAR MEETING (STUDY SESSION) OF MARCH 8, 1999, AND
REGULAR MEETING OF MARCH 8, 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.
40 RESOLUTIONS FOR ADOPTION
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3. VACATION AND ABANDONMENT OF A PORTION OF AVOCADO AVENUE
LOCATED BETWEEN PACIFIC DRIVE AND WATERFRONT DRIVE IN THE
CORONA DEL MAR AREA. Adopt Resolution No. 99- declaring the City's intention to
vacate and abandon a portion of the right -of -way along Avocado Avenue between Pacific
Drive and Waterfront Drive as shown on Exhibit "B "; accept a map showing the portion of
street to be vacated; and set April 26, 1999 as the date for the public hearing concerning the
intended vacation.
4. COUNCIL POLICY MANUAL — POLICY CHANGES, AFFIRMATION OF
STATEMENT ON INVESTMENT POLICY (F -1), AND FEE RESOLUTION. Approve
proposed changes to Council Policies A -2, A -3, B -1, C -1, I -21, J -1, J -2, J -3, J -4, J -5, K -3, K -6,
L -12 and L -21; and adopt Resolution No. 99- relating to the City's Fee Schedule for 1999.
ORDINANCE FOR ADOPTION
5. ORDINANCE NO. 99 -6 REGARDING ALLOWING OVERNIGHT VESSEL STORAGE
ON BEACHES. Adopt Ordinance No. 99 -6 and approve the vessel storage agreement for
Imua Outrigger Club.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
CONTRACTS AND AGREEMENTS
• 6. PROPOSED UNDERGROUND UTILITY DISTRICT NO. 15 — NEWPORT/
MCFADDEN INTERSECTION — 19TH STREET TO 32ND STREET). Schedule a public
hearing for 7:00 p.m. on April 26, 1999 to determine whether or not an underground utilities
district should be formed along Newport/Balboa Boulevard — McFadden Square intersection
and Newport Boulevard from 191h Street to 32 ^d Street, using the procedure of Chapter 15.32
of the NBMC.
7. UNDERGROUND UTILITIES ON LITTLE ISLAND ON BALBOA ISLAND
(PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78). Approve Budget
Amendment (BA -054) to appropriate an additional $4,517 from the General Fund to
Assessment District No. 78, Account No. 7401- C5100297, to pay for the additional work
required to carry the district through the public hearing and authorize the City Manager to
execute Amendment No. 1 to the Professional Services Agreement with GFB- Friedrich &
Associates to increase the amount of compensation by $4,517 from $24,950 to $29,467 and
extend the agreement until June 30, 1999.
8. BALBOA ISLAND — PHASE 3 AND BALBOA PENINSULA STREET LIGHT
REPLACEMENT (C -3205) — ACCEPTANCE AND COMPLETION. Authorize the work;
authorize the City Clerk to file a Notice of Completion; and 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
• 9. PLANNING COMMISSION AGENDA FOR MARCH 18, 1999. Receive and file.
10. RELOCATION OF OKAZAKI FRIENDSHIP SCULPTURE. Approve the relocation of
the Okazaki Friendship sculpture from the City Hall site to the Central Library of the
Newport Beach Public Library.
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11. BUDGET AMENDMENT (BA -053) TO APPROPRIATE THE REIBER TRUST FUNDS
OF $10,000 FOR THE SOLE PURPOSE OF PROMOTING CHILDREN'S SERVICES
AT THE BALBOA BRANCH LIBRARY. Approve BA -053.
12. SPECIAL REFUSE COLLECTION FOR THE HARBOR VIEW AND NEWPORT
HILLS ASSOCIATIONS AND APPROVAL OF BUDGET AMENDMENT (BA -052) IN
THE AMOUNT OF $3,813.76. Approve special refuse collection request and BA -052.
13. ELECTRIC VEHICLE PROGRAM FINAL REPORT. Approve the final report and
request for grant reimbursement for submittal to the South Coast Air Quality Management
District Mobile Source Reduction Council ($72,135.38).
14. ACCEPTANCE OF AMERICAN LEGION DONATION FOR ARCHES BRIDGE FLAG
PROGRAM AND APPROVAL OF BUDGET AMENDMENT. Accept a donation of $5,520
from the American Legion (Post 291) for the purchase of flagpoles and American flags for the
Arches Bridge; and approve Budget Amendment (BA -055) to allow the City to purchase flags
and flagpoles with the donation.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
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15. REPORT FROM THE AVIATION COMMITTEE RECOMMENDING APPROVAL OF
PROPOSED AMENDMENTS TO THE JWA SETTLEMENT AGREEMENT TO
MODIFY THE DEPARTURE NOISE LIMITS CONSISTENT WITH THE RESULTS
OF THE COMPARISON TEST CONDUCTED BY MESTRE GREVE & ASSOCIATES
[Report From Chair Glover & Vice -Chair Adams]. Authorize the Mayor to execute
amendments to the Settlement Agreement modifying the departure noise thresholds
consistent with Exhibit A to the staff report.
16. REPORT FROM THE AVIATION COMMITTEE RECOMMENDING APPROVAL OF
PROPOSED JWA SETTLEMENT AGREEMENT STIPULATIONS TO EXTEND
INTERIM CARGO OPERATIONS FOR ONE YEAR UNDER CURRENT
RESTRICTIONS, TERMS AND CONDITIONS [Report From Chair Glover & Vice -
Chair Adams]. Authorize the Mayor to execute stipulations extending, for one year, interim
cargo operations at JWA subject to current terms, conditions and restrictions.
17. FINAL TRACT MAP FOR SIX CONDOMINIUM UNITS — 738 TUSTIN AVENUE.
Approve Final Map of Tract No. 15607.
18. DREDGING IN NEWPORT HARBOR. Direct staff to monitor and augment depth surveys
regularly; in conjunction with the County of Orange, lobby the Army Corps of Engineers to
assure they do timely projects in the lower harbor to maintain adequate navigational depth;
and budget for and contract out as required the projects that are solely the City's
responsibility.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENT Public Comments are invited on non - agenda items generally
considered to be within the subject matterjurisdiction 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
19. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL FOR 1999-
2000 FISCAL YEAR.
Action: a) Hold public hearing regarding the renewal of the Balboa Village
Business Improvement District (BID).
b) If protests represent less than 50% of the total assessment amount,
adopt Resolution No. 99- confirming the levying of assessments
for the fiscal year of April 1, 1999 to March 31, 2000;
OR
if protests represent 50% or more of the total assessment, abandon
the proceedings to renew the District.
20. PUBLIC HEARING TO CONSIDER THE ADOPTION OF ORDINANCE NO. 99 -5
AWARDING NONEXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO
GREENLEAF GRADING COMPANY, THE LANE COMPANY, AND BRIGGEMAN
DISPOSAL SERVICES.
Action: a) Conduct public hearing; and
b) Adopt Ordinance No. 99 -5 granting Non - Exclusive Solid Waste
Franchises to Greenleaf Grading Company, The Lane Company, and
Briggeman Disposal Services, Inc.
21. FY 1999 -2000 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION.
• Action: a) Hold public hearing; and
b) Adopt Resolution No. 99 authorizing the City Manager to submit
the FY 1999 -2000 application for CDBG funds and One Year Action
Plan.
22. PUBLIC SIGNAGE PROGRAM FOR BALBOA PENINSULA.
Action: a) Approve signage program for Balboa Peninsula with pole signs
doubled in size; and
b) Direct staff to install signs using Community Development Block
Grant (CDBG) funds.
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23. NEWPORT BEACH JAZZ FESTIVAL BANNERS.
Action: a) Approve the request of Ritz Entertainment for the installation of 150
banners from April 1, 1999 to May 17, 1999 along Jamboree Road,
MacArthur Boulevard and Newport Center Drive East/West; and
waive City Council Policy L -16, which limits banners to a maximum
of 100 to be installed for 30 days, for this application;
OR
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SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
b) Approve the installation of 100 banners for 30 days along Jamboree
. Road, MacArthur Boulevard and Newport Center Drive East/West;
OR
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c) Deny the request
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
members who voted with the prevailing side.
ADJOURNMENT
SPEAKERS MUST LIMIT REMARKS TO 5 MPiUTES ON AGENDA ITEM