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HomeMy WebLinkAbout0 - 7-26-99CITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, July 26, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member JAN DEBAY Council Member GAROLD B. ADAMS Council Member JOHN E. NOYES 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/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:/ /ivww.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 July 26, 1999 CLOSED SESSION - 5:00 p.m. [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 Mr. Paul Sansevieri, Calvary Chapel, Costa Mesa. Presentation of Proclamation declaring August :I, 10, 11 and 12, 1999 as "Naples Sabot Junior National Regatta Week ". Welcome and recognize the visitors from Sister City Okazaki, Japan. Presentation of Cultural Arts Grants - FY 1999/2000. 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- DIISCUSSION 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 — 15) 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 (STUDY SESSION) AND REGULAR MEETING OF JULY 12, 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. 3. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS (contd. from 4/26/99,5/24/99 & 6/14/99). Continue to August 23, 1999. 4. BALBOA YACHT BASIN RENTAL ADJUSTMENTS. Adopt Resolution No. 99 -_ adjusting the slip, apartment and garage rental rates at the Balboa Yacht Basin and rescinding Resolution No. 95 -46, and approve budget amendment (BA -004) establishing a Capital Improvement Program for ongoing maintenance at the Balboa Yacht Basin; and increase revenue estimates for slip revenues in the current budget originally projected for $1,090,000 to a new project amount of $1,190,000. ORDINANCES FOR INTRODUCTION 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL, ANNUAL REPORT FOR 1999 -2000 FISCAL YEAR, AND INTRODUCTION OF ORDINANCE TO MODIFY THE BASIS FOR LEVYING ASSESSMENTS. a) Approve Corona del Mar Business Improvement District Annual Report; b) adopt Resolution of Intention No. 99 -_ to set the public hearing for August 23, 1999; and c) introduce Ordinance No. 99- to modify the basis for levying assessments. 6. ALARM ORDINANCE CHANGES AND ASSOCIATED FEES. a) Introduce Ordinance No. 99 -_ amending Chapter 5.48 (Telephonic Alarm System) and Chapter 5.49 (Burglary - Robbery- Fire Alarm Systems) of the NBMC; b) approve a budget amendment (BA -003) of $15,776 in additional revenue to account 1820 -5079 for the remainder of the fiscal year resulting from the anticipated sale of alarm monitoring signs and decals and to allocate an additional $15,776 to the Police Department Professional - Technical Services account (1820- SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 8080) to fund the initial purchase of alarm :monitoring signs and decals; and c) adopt Resolution No. 99- amending Resolution Nos. 94 -95 and 94 -97 to include a fee of $16.00 per unit for purchasing an alarm monitoring sign and a fee of $0.50 per unit for purchasing an alarm monitoring decal. CONTRACTS AND AGREEMENTS 7. SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE (C- 2804). Approve Amendment No. 2 to the Professional Services Agreement with Dokken Engineering and authorize the Mayor and the City Clerk to execute the agreement. 8. 1998.99 NEWPORT PIER REPAIRS — COMPLETION AND ACCEPTANCE (C- 3206). Accept 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. 9. MARINE AVENUE, SOUTH OF BALBOA ISLAND BRIDGE, INTERSECTION RECONSTRUCTION — COMPLETION AND ACCEPTANCE (C- 3268). Accept the work; authorize the City Clerk to file a Notice of Completion; 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. 10. OPERATING AGREEMENT WITH THE STATE OF CALIFORNIA REGARDING CORONA DEL MAR STATE BEACH (`BIG CORONA "). Authorize the Mayor to sign the Operating Agreement between the City and the State of California regarding Corona del Mar State Beach ( "Big Corona "). MISCELLANEOUS ACTIONS 11. PLANNING COMMISSION AGENDA FOR JULY 22, 1999. Receive and file. 12. SCHOOL RESOURCE OFFICER PROGRAM. Approve the preliminary recommendation given by the School/Council Committee to implement the proposed School Resource Officer program, subject to the identification and ultimate Council approval of appropriate funding sources; and approve the "over- hire" of two sworn officers above the authorized strength in anticipation of ultimate program approval. 13. HARBOR PERMIT #801 -001. Determine that Harbor Permit #801 -001 was issued for a shore mooring only, which consists of a mooring stake, mooring line, weight and buoy, and that any other structure at this location now is existing without a valid permit and shall be abated and removed. 14. MASSAGE TECHNICIAN APPEAL — BRANDON SEGER. Accept, approve and adopt the Findings and Recommendations of the Hearing Officer and deny the massage permit application of Brandon Seger. 15. MITIGATED NEGATIVE DECLARATION FOR 32ND STREET/NEWPORT BOULEVARD STREET REHABILITATION AND 30TH STREET/NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS (C- 3245). Adopt the Mitigated Negative Declaration for the 32nd Street/Newport Boulevard Street Rehabilitation and 30th Street/Newport Boulevard Storm Drain Improvements Project. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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. PUBLIC HEARINGS 16. VACATION AND ABANDONMENT OF A PORTION OF OLD NEWPORT BOULEVARD LOCATED IN THE NEWPORT HEIGHTS AREA (contd. from 7/12/99). Action: a) Conduct continued public hearing; b) Adopt Resolution No. 99 ordering the vacation and abandonment of a portion of Old Newport Boulevard; and c) Direct the City Clerk to have the resolution recorded by the Orange County Recorder. 17. BALBOA BAY CLUB, 1221 WEST COAST HIGHWAY - AN AMENDMENT TO CHANGE THE DEVELOPMENT LIMITATIONS OF THE EXISTING PLANNED COMMUNITY DISTRICT REGULATIONS TO CORRECT AN ERROR IN THE ORIGINAL CALCULATION OF THE BUILDING SIZE ASSOCIATED WITH THE PREVIOUS APPROVAL, AS WELL AS TO ALLOW AN INCREASE IN THE SIZE OF THE HOTEL FACILITY TO PROVIDE ADEQUATE BUILDING SUPPORT AREAS, ATHLETIC FACILITIES, AND MEETING SPACE. ALSO INCLUDED IN THE AMENDMENT ARE PROVISIONS TO ALLOW THE HEIGHT OF THE BUILDING TO BE MEASURED FROM THE AVERAGE GRADE OF THE SITE, AND TO ALLOW THE PLANNING COMMISSION TO APPROVE ARCHITECTURAL FEATURES WHICH EXCEED THE BASIC HEIGHT LIMIT. Action: a) Conduct public hearing: b) Introduce Ordinance No. 99 -_ approving amendments to the Planned Community District Regulations for the Balboa Bay Club, and pass to second reading on August 9, 1999; and c) Approve Use Permit No. 3524 as recommended by the Planning Commission. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 18. FLETCHER RESIDENCE APPEAL (FRITZ DUDA, APPELLANT) - #21 BAY ISLAND — AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION WHICH APPROVED A REQUEST TO EXCEED THE BASIC 24 FOOT HEIGHT LIMIT TO THE MAXIMUM 28 FOOT HEIGHT LIMIT FOR A PORTION OF THE THIRD FLOOR OF A NEW SINGLE FAMILY DWELLING TO BE CONSTRUCTED ON LOT 21 OF THE BAY ISLAND CLUB; AND MODIFICATION NO. 4919 TO PERMIT VARIOUS ENCROACHMENTS INTO THE ESTABLISHED SETBACKS AND BUILDING ENVELOPES AS DEPICTED ON THE BUILDING SITE MAP OF USE PERMIT NO. 3618. Action: a) Conduct appeal hearing; b) Affirm, modify or reverse the decision of the Planning Commission's approval of request to exceed the basic height limit for Bay Island and Modification Permit No. 4919. CONTINUED BUSINESS 19. JAMBOREE ROAD AND BISON AVENUE INTERSECTION OPERATION. Action: a) Determine that the trial operational configuration is appropriate and direct staff to prepare plans for making the trial changes permanent; OR b) Direct staff to remove or revise the trial traffic controls. 20. PROPOSED NAMES FOR NEW COMMUNITY PARK. Action: Select one of the following proposed names or develop a new name for the official City name of the new City park which lies southerly of Bonita Canyon Road, easterly of MacArthur Boulevard: a) Bonita Canyon Park; b) Buffalo Canyon Park; c) Ford Road Park; d) MacArthur Park; or e) Newport Sports Park 21. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES — LEAGUE ANNUAL CONFERENCE — OCTOBER 10-12,1999 IN SAN JOSE. Action: Designate as the City's Voting Delegate for the Conference and as the Voting Alternate. MOTION FOR RECONSIDERATION 22. BEACH VOLLEYBALL. Action: Reconsider the motion authorizing the removal of the volleyball court at 2406 W. Oceanfront and the installation of a new volleyball court at 25th Street with the proposed modifications. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Item No. 31 on the June 28, 1999 agenda, included the following recommendations: a) Make no changes to the current placement of the beach volleyball courts, including the court at 2406 W. Oceanfront; OR b) Relocate the court at 2406 W. Oceanfront 10 feet out from the current site; OR c) Remove the beach volleyball court at 2406 W. Oceanfront, authorize a new beach volleyball court at 25th Street, and direct staff to have it installed; OR d) Remove the beach volleyball court at 2406 W. Oceanfront and install a beach volleyball court at 26th Street, which is already authorized. Modify the original motion to include consideration of the following additional recommendations: e) Install a volleyball court at 26th Street, which was authorized in City Council Resolution 92 -93, but has never been installed; OR f) Eliminate all previously authorized volleyball courts up to, but not including the 28th Street court, and modify Resolution 92 -93 to include these amendments. SPEAKERS MUST L1Wr REMARKS TO 5 MINUTES ON AGENDA ITEMS.